Illegal eviction: what to do if you are forced out

What should I do right now?

If there is violence, a threat of violence, or you are being physically removed, call 999. Otherwise call 101 and say you are a residential tenant and believe an illegal eviction is taking place. Then contact your council, which has a team for exactly this and can act against the landlord. Get free advice the same day rather than waiting.

• Police — 999 if you are in danger or it is happening now, 101 otherwise. Ask for the incident number and write it down.
• Your council’s tenancy relations or private housing team. Find your council.
• Shelter’s emergency helpline — for people with nowhere to stay tonight or at risk of harm at home.
• Tell the council you may be homeless — do this today, not after you have found somewhere to sleep.

What counts as harassment?

Anything your landlord does, or deliberately fails to do, that they should reasonably know might make you feel unsafe in your home or force you to leave it. GOV.UK gives examples: stopping services such as electricity, withholding keys, refusing repairs, threats, violence, changing the locks, opening your post, and stopping you controlling the heating.

It does not have to be one dramatic incident. Persistently withdrawing services you reasonably need in order to live there is harassment in its own right.

What should my landlord have done instead?

Served a valid notice giving a ground for possession, then applied to the county court if you did not leave, then asked the court for a warrant so that a court-appointed bailiff could carry out the eviction. The landlord, the letting agent and any security firm they hire cannot do it themselves at any point in that sequence.

What a valid section 8 notice has to contain — useful for showing that the step before the court was missed too.

What can the council do?

Investigate, and act. A council can prosecute a landlord for harassment or illegal eviction, or impose a fine of up to £40,000. Reporting it is also what creates the official record, which matters later if you claim compensation or ask to be let back in.

Can I get back into my home?

You may be able to. A housing adviser or solicitor can apply to the court for an injunction requiring your landlord to let you back in, and this can be done urgently. Do not force the door yourself: it risks a confrontation and it muddies who did what. Get advice first, the same day.

Can I claim anything afterwards?

Yes. You may be able to claim compensation from your landlord for an illegal eviction or harassment, and you may be able to apply for a rent repayment order, which can require a landlord to repay rent you have already paid. Keep the receipts for anywhere you had to stay and anything you had to replace.

• Shelter on illegal eviction and harassment — what the remedies are and how to use them.
• Citizens Advice housing — help deciding what to claim and how.

What evidence should I keep?

Everything, and photograph it with the date. What matters is showing that you lived there, that you were put out, and what it cost you. Gather it now, while you can still get at it.

• Your tenancy agreement, and the record of rent you have paid.
• Any notice you were given, with the envelope or email it came in.
• Every message, email and voicemail from the landlord or agent, in order.
• Photographs of changed locks, a damaged door, or your belongings moved or removed.
• The police incident number, and the name of anyone you spoke to at the council.
• Names and contact details of anyone who saw what happened.
• Receipts for emergency accommodation, a locksmith, storage or replacing what you lost.

Does this apply if I live with my landlord?

Not in the same way. Someone who shares living accommodation with their landlord usually has less protection and can often be asked to leave with much shorter notice and without a court order. That does not make threats or violence lawful. Get advice about your own situation rather than assuming either way.